E/CN.4/1992/52
page 164
129. In its reply, the Government of Bahrain indicated that the principle of
reciprocity between States should be taken into consideration and respected
in some fields. However, it does not believe that this applies to matters
relating to human rights, such as freedom of religious observance. The
Government of the United States of America indicated in its answer that its
laws afforded equal protection to all believers and non-believers, including
those who are not United States nationals, without regard to the principle
of reciprocity. The Government of Switzerland stated that it does not apply
the principle of reciprocity, "despite the fact that some foreign countries,
on their own territory, recognize that foreigners of a different religion are
free to practise their religion only in their home and in the limited setting
of the family".
130. Some States limit the practice of religion by foreigners to observance
of the country's laws. In its reply to the questionnaire, China indicated
that "the Chinese Government respects the religious belief of foreign
nationals in China and provides convenience for their normal religious
activities. At the same time they are required to abide by Chinese laws and
to respect the sovereign rights of the Chinese churches." The reply of the
Government of Uruguay indicated that foreigners are "under a legal obligation
not to form illegal assocations and to ensure that practice of their religion
does not in itself entail acts contrary to the law and to public morals".
The Government of Yugoslavia indicated that the only restriction was the
requirement of prior notification to the local internal affairs authorities
by foreign priests who wished to perform religious services in the country.
The Government of Mexico stated that "anyone who is a minister of religion ...
must be Mexican by birth". In its answer, the Government of Greece indicated
that "the rules of international law and of the relevant international
conventions are applicable to aliens under the condition of reciprocity".
131. From the experience gained over the years in the exercise of his mandate,
the Special Rapporteur has observed that most countries do not apply the
principle of reciprocity concerning the practice of religion by foreigners.
Nevertheless, a certain number of countries which expect their citizens to
enjoy the freedom of religion enshrined in the laws of countries in which
they may temporarily reside do not permit the exercise of the same or similar
freedoms on their own soil. For example, although half a million Christian
immigrant workers reportedly reside in Saudi Arabia, the construction of
Christian churches or chapels is prohibited and these persons are only
allowed to practise their religion in their own homes.
(e)
Conscientious objection to compulsory military service
132. The countries which responded to the questionnaire may be broadly
divided into those countries, predominantly Western European, which admit
conscientious objection and those which do not; a number of countries have no
military service at all and thus do not have any laws regarding conscientious
objection. Several countries have indicated that no cases of conscientious
objection have been registered so far.
133. In the countries where conscientious objection to compulsory military
service is allowed, armed service in the forces may be replaced by alternative
military service in non-combat units or civilian service of benefit to the